Completing the Legislative Cycle: Scrutiny
Scrutiny on Delegated Acts
A) Description and aim
With the introduction of delegated acts by the Treaty of Lisbon (Article 290 TFEU), Parliament
can now freely exercise its veto right (within specific deadlines) and, for a given act, revoke the
delegation to the Commission. The Parliament has limited powers (and no right of veto) for
implementing acts (Article 291 TFEU). The Parliament is in an on-going process of increasing its
efficiency in scrutinising delegated acts by establishing best practices and seeking improved interinstitutional cooperation and communication facilitating its scrutiny activities.
B) History and state of play
Already during the negotiation phase of legislative acts, the Council is often opposed to
accepting delegated acts. Parliament has in the last legislative term adopted a position on the use
of delegated and implementing acts1 to help rapporteurs when negotiating on this issue. On the
basis of a decision of the Conference of Presidents of 2012, all agreements in first and second
reading are screened before being put on the plenary agenda for vote. At the preparatory phase
of delegated acts, i.e. before their adoption and formal transmission by the Commission, the
access of Parliament to expert meetings and information has been improved during the seventh
legislature, but many issues still remain open.2 During the seventh legislature, the Parliament's
Rules of Procedure have been updated, clarifying procedures for objection, extension of
deadlines or early non-objection as well as the respective roles of associated or joint committees
and of the political groups. Transparency has been increased by including delegated acts in the
public Legislative Observatory (OEIL) as well as the internal database ITER, both of which are
used for monitoring the decision making process.
C) Future Milestones
At the start of this legislative term, and in the framework of a project to enhance the scrutiny of
delegated acts, all committees have been encouraged to adopt or update existing internal
procedures for scrutiny of delegated acts according to indicative best practices identified among
committees and compiled by the Conciliations and Codecision unit. Inter-institutional aspects
related to scrutiny of delegated acts, including the call for a well-structured register of delegated
acts or improved transmission of information, documentation and planning, are likely to be
addressed in a series of hearings of Commissioner-designates. A regular overview of all delegated
acts under scrutiny will be provided to the political authorities; detailed information about all
procedural steps will be accessible on intranet. In most legislative acts, the delegation of powers
is provided for a limited period (5 or 7 years), is tacitly extended and can be revoked at any time.
A tool for the systematic scrutiny of the Commission's reporting requirements and possible
revocation of the delegation of powers is under development.
D) References and sources of information
Information on delegated acts (including the Handbook on Delegated and Implementing Acts):
http://www.ipolnet.ep.parl.union.eu/ipolnet/cms/pid/2335
1
2
2012/2323 (INI), EP resolution of 25 February 2014, Rapporteur József Szájer.
The latest developments with regard to this phase of 'political scrutiny' are laid out in the fiche on expert groups.
Website of the Secretary-General
Back to the Strategic Planning of the EP